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2026 Supreme(Online)(Ker) 3407

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MADHU SWAIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.DHANANJAY DEEPAK
For the Respondents: SMT.V.SREEJA, SR. PUBLIC PROSECUTOR

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicants are the accused No.1 and 2 in Occurrence Report No.35/2025 of Excise Enforcement and Anti Narcotic Special Squad, Kozhikode District. The offences alleged are punishable under Sections 20 (b)(ii)(C) read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The prosecution case, in short, is that the applicants were found in possession of 10.660 Kilograms of Ganja and 10.540 Kilograms of Ganja, in their rented house and thereby committed the above offences.

4. I have heard Sri.Dhananjay Deepak, the learned counsel for the applicants and Smt.V.Sreeja, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants have been in custody since 20.06.2025 and the grounds of arrest were not communicated in accordance with law at the time of their arrest. The learned Senior Public Prosecutor on the other hand opposed the bail application and submitted that the grounds of arrest were duly communicated.

6. Though prima facie there are materials o

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